Does a Landlord Need a Legionella Risk Assessment Every Year?
Does a Landlord Need a Legionella Risk Assessment Every Year?
Legionella responsibilities can be confusing for landlords, particularly when it comes to how often a rental property's risk assessment should be reviewed.
One of the common questions around Legionella and rented property is whether landlords need to arrange a new Legionella Risk Assessment every year.
In Scotland, the answer is no – there is not a blanket requirement for a completely new Legionella Risk Assessment every 12 months.
However, that does not mean an assessment can simply be completed once and forgotten about.
Scottish Government guidance says that private landlords have a duty to assess the hot and cold water systems within their rental properties for Legionella risk. The assessment should be carried out before the property is first let and then reviewed regularly, at intervals of no more than two years.
Reviewing an assessment is not necessarily the same as starting again
This distinction is useful for landlords.
A property that was assessed previously and where nothing significant has changed may not automatically require a completely new assessment simply because another calendar year has passed.
Instead, the existing assessment should be reviewed to make sure that it still accurately reflects the property, its water system and the way it is being used.
If that review shows that the risk factors have changed, then a new Legionella Risk Assessment should be carried out.
What sort of changes could matter?
The important question is whether anything has changed that could affect the Legionella risk within the property.
For example, it may be worth reviewing the assessment if changes have been made to the plumbing or hot water system, if water storage has been added or altered, or if outlets have been removed, added or are now being used differently.
A prolonged period when the property has been empty is also worth considering because little or no water use can lead to stagnation within parts of the system.
Changes in how the property is occupied can matter too. A water system that is being regularly used throughout may present a different risk picture from one containing showers, taps or bathrooms that are rarely used.
The point of the review is to ask whether the original assessment still describes the property accurately.
What if nothing has changed?
Many normal residential properties have relatively simple water systems.
A property supplied directly by mains cold water, with no cold water storage tank and hot water provided by a combi boiler or another instantaneous system, may present a relatively straightforward risk profile.
If an assessment identifies the property as low risk, the system remains the same and the control measures are being properly maintained, there may be no need for additional action simply because another year has passed.
The important part is that the assessment is still reviewed within the required timeframe and that changes are not overlooked.
The key point for Scottish landlords
Legionella Risk Assessments are not simply an annual certificate that expires after 12 months. Scottish Government guidance says the assessment should be reviewed regularly at intervals of no more than two years, with a new assessment carried out where a review identifies changes to the risk factors.
What about a change of tenant?
A change of tenant does not automatically mean that the entire water system has changed, so it does not necessarily mean a completely new assessment is required every time somebody moves in.
However, the period between tenancies is a very useful opportunity to check whether anything has changed since the previous assessment.
Landlords can consider whether appliances or plumbing have been altered, whether any water outlets are now little used, whether the property has been vacant for a period and whether any recommendations from an earlier assessment still require attention.
Scottish Government guidance also highlights the importance of flushing water systems where properties have been vacant and preventing water from being allowed to stagnate.
We looked at this in more detail in our recent article, What Should a Landlord Check Between Tenancies?
Does every landlord need to use a professional assessor?
Scottish Government guidance recognises that, depending on the water system and the property, some landlords may be able to carry out a simple assessment themselves.
Other properties may be more complex or the landlord may prefer to use a competent assessor so that the water system is independently assessed and the findings are clearly documented.
This can be particularly useful where there is stored water, a more complicated hot water system, little-used outlets or simply uncertainty about what should be considered.
A professional Legionella Risk Assessment should look at the property as a whole rather than simply taking temperatures at a couple of taps.
Keep the assessment with the property's records
Once an assessment has been completed, it makes sense to keep it with the other records for the property.
That makes it easier to check when it was last reviewed, see what recommendations were made and identify whether changes to the property may have affected the original findings.
It also creates a clearer history if the property is managed by a letting agent or if responsibility for managing it changes in the future.
What if you are not sure whether the property needs another assessment?
This is where looking at the actual property is more useful than simply following an arbitrary annual date.
Consider when the previous assessment was carried out, whether it has been reviewed within the last two years and whether anything about the property, water system or its use has changed since then.
If something has changed, or you are unsure whether the existing assessment still reflects the property accurately, it may be sensible to have the risk assessed again.
Thorn provides Legionella Risk Assessments for landlords and letting agents across Glasgow and East Dunbartonshire, carried out by an Elmhurst-accredited Legionella Risk Assessor.
Not sure whether your Legionella assessment needs reviewed?
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